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A collaborative approach to a swift settlement of a spinal cord injury claim

13 February 2012

In March 2010, 62 year old Gordon Hicken, sustained an incomplete spinal cord injury at C4 level. Mr Hicken was injured during the course of his employment, when he fell from a refuse lorry that he had climbed onto in order to fix a defective mechanical hydraulic bar. The bar struck him on the head throwing him to the ground. Mr Hicken spent some five months in the Spinal Rehabilitation Unit in Salisbury and although he had reasonable mobility and was still able to walk, he suffered ongoing shoulder pain, limited upper limb hand movements and fatigue. Clare Salmon, partner in the Personal Injury Department at Stewarts Law was instructed. Liability was admitted and despite the defendants making some early allegation of contributory negligence, a collaborative approach was adopted between the parties throughout this case and the defendants offered and funded early rehabilitation under the Rehabilitation Code. From his discharge at the end of August 2010, all case management, support worker and therapy costs were paid in full by the defendant's insurers to ensure that Mr Hicken's potential for recovery was maximised at the earliest possible stage. Mr Hicken also received an interim payment of £53,000 to fund his out of pocket expenses and need for more suitable single storey rental accommodation.

Nine months after Stewarts Law's instruction, and having obatined a number of medical and quantum expert reports which confirmed Mr Hicken's final prognosis and lifelong needs, the claim settled for £1,231,000 in damages. Mr Hicken's preference was for a lump sum rather than annual payments, given his age and his immediate need to purchase a substantial single storey accommodation.

Gordon Hicken said "We would like to thank our lawyer Clare for her personal approach; she was brilliant and provided great service."

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Article from Stewarts Law: http://www.stewartslaw.com/

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